IN THE CASE OF:
BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004115
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the North Atlantic Treaty Organization (NATO) Medal.
2. The applicant states that at the time of his separation he had misplaced proof of his award of the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia.
3. The applicant provides a copy of a certificate awarding him the NATO Medal during the period of 6 February to 14 November 1996 and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 23 February 1994 for a period of 4 years and training as a personnel actions specialist. He completed his one-station unit training (OSUT) at Fort Jackson, South Carolina and was transferred to Germany on 7 July 1994.
3. He was advanced to the pay grade of E-4 on 1 September 1995 and on 6 February 1996, he was transferred to Bosnia on temporary duty (TDY). He departed Bosnia on 15 November 1996 and on 16 December 1996, he was transferred to Brooke Army Medical Center, Fort Sam Houston, Texas.
4. On 27 October 1997, he was honorably released from active duty (REFRAD) and was placed on the Temporary Disability Retired List (TDRL) with a 30% disability rating. He had served 3 years, 8 months and 5 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Army Achievement Medal with three oak leaf clusters, the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Army Service Ribbon, the Overseas Service Ribbon and his marksmanship badges.
5. The NATO Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations. The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO. Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the NATO Medal should be added to his records has been noted and appears to have merit.
2. The copy of the certificate provided by the applicant which awarded him the NATO Medal coincides with his dates of assignment to Bosnia in the former Republic of Yugoslavia.
3. Accordingly, it would be in the interest of justice to add that award to his DD Form 214 at this time.
BOARD VOTE:
___X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NATO Medal to his DD Form 214.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090004115
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004115
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070008391
The applicant provides copies of his DD Form 214 covering the period 11 January 1994 through 2 July 2003, an Army Commendation Medal Certificate, orders awarding the Good Conduct Medal (1st Award), and a memorandum authorizing wear of the NATO Medal and Armed Forces Expeditionary Medal as documentary evidence in support of this application. Further review of the applicant's Official Military Personnel File shows award of two Army Commendation Medals during this time period as follows: a....
ARMY | BCMR | CY2008 | 20080001943
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he served in Bosnia from May to November 1996; and that he was awarded the National Defense Service Medal and Overseas Service Ribbon. The applicant states, in effect, that his DD Form 214 does not show his service in Bosnia or his award of the National Defense Service Medal or Overseas Service Medal. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100017529
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the: * North Atlantic Treaty Organization (NATO) Medal * Army Achievement Medal (AAM) * Armed Forces Service Medal (AFSM) 2. The available evidence supports the applicant's request for correction of his DD Form 214 to show the NATO Medal, AAM, and AFSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120007484
There is no evidence of record which shows he received the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia. There is no evidence of record, and the applicant provided none, which shows he received the NATO Medal for service with NATO on operations in relation to the former Republic of Yugoslavia. Therefore, there is insufficient evidence on which to base adding the NATO Medal to his DD Form 214.
ARMY | BCMR | CY2009 | 20090001732
The applicant requests correction of his records to show all awards and decorations that he is entitled to receive as a result of his service in Bosnia from 7 January to 8 April 1996 in support of Operation Joint Endeavor. The evidence of record shows the applicant served in Bosnia from 7 January to 8 April 1996 in support of Operation Joint Endeavor which is a designated NATO operation or mission that was approved by the Secretary of Defense for acceptance and wear of the NATO Medal. The...
ARMY | BCMR | CY2011 | 20110006020
He provided a certificate showing he was awarded the NATO Medal for service with NATO on Operations relating to the Former Yugoslavia during the period August 1996 through February 1997. However, while the applicant's records and DFAS records do not conclusively show the exact dates he was deployed to Bosnia, the preponderance of evidence indicates he was in Bosnia/Croatia during the period of August 1996 to February 1997. The applicant provided a certificate showing he was awarded the...
ARMY | BCMR | CY2002 | 2002069738C070402
The applicant was awarded the NATO Medal for service with NATO on operations in relation to the former Yugoslavia during the period 3 January 1996 to 19 September 1996 in Bosnia-Herzegovina. He was awarded the NATO Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Armed Forces Service Medal, the Armed Forces Expeditionary Medal, the NATO Medal, the second award of the Army Good Conduct Medal, and...
ARMY | BCMR | CY2010 | 20100027018
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, in effect, award of the Armed Forces Service Medal (AFSM) and the Army Achievement Medal (AAM). Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S....
ARMY | BCMR | CY2014 | 20140003412
The applicant requests that the Kosovo Campaign Medal (KCM) and the Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Records available to the Board indicate the applicant was an MIARNG Soldier serving in pay grade E-5 at the time he was ordered to active duty on 31 December 1996 in support of Operation Joint Guard. The evidence available to the Board confirms the applicant deployed to Hungary for a period of 6...
ARMY | BCMR | CY2001 | 2001057219C070420
In addition, he indicates that the awards listed in his separation document do not include the NATO service medal he earned and that he believes he is also entitled to other awards for his Bosnia service. The evidence of record confirms the applicant completed two overseas tours of service in the FRG that totaled 5 years, 9 months, and 22 days of foreign service and that 9 months and 21 days of this foreign service was performed in Bosnia. That all of the Department of the Army records...